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THORNTON v. BOARD OF COUNTY COM'RS.

No. 62-430.

149 So.2d 393 (1963)

Hayward THORNTON, a minor, by and through his father and next friend, Adolphus M. Thornton, and Adolphus M. Thornton, individually, Appellants, v. BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, Florida, a political subdivision of the State of Florida, Appellees.

District Court of Appeal of Florida. Third District.

February 5, 1963.

Attorney(s) appearing for the Case

Carey, Goodman, Terry, Dwyer & Austin and Joseph A. McGowan, Miami, for appellants.

Papy & Carruthers, Miami, for appellees.

Before CARROLL, HORTON and BARKDULL, JJ.

BARKDULL, Judge.

By this appeal, review is sought of an order of the trial judge dismissing a complaint for personal injuries brought by a minor through his father as his next friend, and also the father's derivative claim for medical expenses incurred because of the alleged injuries.

It appears that the dismissal was with prejudice because of the failure of the father to appear at the time he was noticed for the taking of his deposition on more

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